BALDEV SINGH Vs. MOHAN LAL AND ORS.

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against the order dated 11.11.2008 which reads as follows:

(2.) IN my considered view, this petition is totally misconceived. According to the plaintiff, during the pendency of the suit, the matter was compromised between the parties and the compromise was reduced into writing and signed by the parties. Further according to the plaintiff, the defendants satisfied the plaintiff in respect of subject matter of the suit and agreed that they admitted the plaintiff to be owner in possession of the suit land in village Kheri -Bannar and Lana -Cheta to the extent of 1/8 share of the suit property. The further averment in this application was that the defendant Ramanand would pay Rs. 12,000/ - to the plaintiff.

(3.) REPLY to this application was filed only by defendant No. 1, Mohan Lal and he stated that a document had been prepared between the parties to compromise the matter in controversy which was the subject matter of the suit but the same was not finally admitted and accepted by the parties and this document had to be given effect only after the consent of the other parties to the suit was obtained since the said document had been prepared in the absence of defendants Prithy Raj, Smt. Prem Devi, Lata Devi and Smt. Her Devi.